Plaintiff (former surgeon) accuses Defendant (UNC affiliate) of Slander Per Se

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In a riveting legal battle that has seen twists and turns over several years, a North Carolina court case involving allegations of slander and tortious interference with contract returns to the spotlight. The plaintiff, Dr. James Hwang, filed a complaint against Bruce Cairns and various entities associated with the University of North Carolina (UNC), including UNC Chapel Hill and UNC Health Care System. This case was filed in Durham County Superior Court on May 30, 2018, against Bruce Cairns and other defendants.

The saga began when Dr. Hwang, who served as a surgeon at the UNC Burn Center from 2010 until his resignation in 2017, alleged that his departure was influenced by what he described as relentless harassment from Dr. Cairns. Following his resignation announcement, a surprise farewell party was organized by colleagues but two weeks later, a complaint emerged accusing Dr. Hwang of inappropriate behavior during the event. The source of this complaint remains disputed; however, it led to an investigation by the UNC School of Medicine Human Resources Department which delayed an incentive payment owed to Dr. Hwang.

Dr. Hwang’s lawsuit accuses Dr. Cairns of making false statements that allegedly harmed his reputation and interfered with his contractual relationship with UNC by causing delays in receiving his due compensation. He claims these actions were motivated by malice and personal animus towards him. The initial trial court granted summary judgment in favor of the defendants on August 6, 2021, which was later appealed by Dr. Hwang.

In January 2023, the North Carolina Court of Appeals upheld this decision; however, upon further appeal to the Supreme Court of North Carolina in May 2025, it was determined that Dr. Cairns did not qualify for public official immunity—a key defense initially supporting the summary judgment decision—thus reopening the door for reconsideration of unresolved issues regarding slander per se and tortious interference claims.

Dr. Hwang seeks relief through damages for defamation and interference with contractual relations due to what he asserts were maliciously false accusations made by Dr. Cairns intending to damage his professional standing and delay financial compensation owed under his employment contract.

Representing Dr. Hwang are attorneys John R. Taylor, Robert E. Zaytoun, Matthew D. Ballew, and Clare F. Kurdys from Zaytoun Ballew & Taylor PLLC while Attorney General Jeff Jackson along with Special Deputy Attorney General Lindsay Vance Smith represents Bruce Cairns alongside Hartzog Law Group LLP’s Dan M. Hartzog and Katie Weaver Hartzog among others representing various UNC entities involved in this litigation.

The case ID is COA22-31-2 with Judge Zachary presiding over its recent developments following remand from higher courts.

Source: COA22312_Hwang_MD_v_Cairns_Opinion_North_Carolina_Court_of_Appeals.pdf


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